SECTION 1 – LICENSE AND PROPRIETARY RIGHTS
We neither warrant nor represent that your use of the Content will not infringe rights of third parties not owned by or affiliated with NYBFI. The Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of NYBFI and/or other parties. NYBFI reserves all copyrights, trademark, and other rights it has in all Content, excluding User Content.
You may submit or upload material, ideas, content, and other information to NYBFI or to the Site (“User Content”). Absent an agreement to the contrary, you retain ownership of your User Content, but by submitting your User Content, you irrevocably grant NYBFI a worldwide, perpetual, royalty-free, assignable, sublicenseable license to use your User Content in connection with the Site. We are and shall be under no obligation (1) to maintain any comments or submission in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. You allow us and all other users of the Site in any territory to use, adapt, and make your User Content available to others, without any obligation to you.
You represent that you own the copyrights or hold all necessary rights to the User Content you upload or submit. You represent and warrant that you possess the legal right and ability to enter into this agreement and to use the Site in accordance with all terms and conditions herein. You represent and warrant that you have any required permissions to collect and provide any personal information, data, and User Content that you are uploading to the Site and that you are in compliance with all applicable laws, rules, and regulations regarding such personal information, data, and User Content.
SECTION 2 – WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY
This site is provided on an “as is, as available” basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to those of non-infringement, accuracy, merchantability, or fitness for a particular purpose with respect to this Site, the Content, User Content, and any other Site feature. NYBFI does not represent or warrant that Content or User Content on this Site is accurate, complete, reliable, current, or error-free.
Under no circumstances will NYBFI (including its directors, DONORS, volunteers, employees, service providers, or book industry partners) be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result from the use of or inability to use this Site or any Content, User Content, any Site features, and any services available thereon, nor shall NYBFI be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond NYBFI’s reasonable control. Under no circumstances will NYBFI be liable for any damage of any kind that results from the use of, or the inability to use, the Site, even if NYBFI has been advised of the possibility of such damages. You access and download all Content and User Content at your own risk.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental, consequential, or other damages; as a result, the above limitation or exclusion of damages may not apply to you.
SECTION 3 – ACCEPTABLE USE
The following requirements apply to your use of the Site: (a) you will not use any feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, or as otherwise may be prohibited by law or expose NYBFI to damages, all as determined by NYBFI in its sole and absolute discretion; (b) you will not collect or store personal information about other users or members; (c) you will not use the Site for any commercial purpose not expressly approved by NYBFI in writing; (d) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (e) you will not use any feature of the Site to spam, phish, pharm, pretext, spider, crawl, or scrape; (f) you will not use any feature of the Site for any obscene or immoral purpose; (g) you will not use any feature of the Site to interfere with or circumvent the security features of the Site or the proper working of the Site or any other website or online platform; (h) you will not use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (i) you will not use any device, software or routine that interferes with the proper working of the Site; (j) you will not introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (k) you will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; and (l) you will not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
If you post or transmit any User Content, you further agree that: (i) you will not post, submit, or transmit anything that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by NYBFI; (ii) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (iv) you will not impersonate any person or organization, including without limitation, the personnel of NYBFI or its book industry partners, or misrepresent an affiliation with another person or organization; and (v) you will not post, upload, submit, or transmit any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site or NYBFI systems, the integrity of the Site or NYBFI systems, or any feature of the Site or NYBFI systems.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site or exploit the Site or any service or information made available or offered by or through the Site. You also may not upload, post, email, transmit, or otherwise make available any pirated content or material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment related to the Site. You agree not to reproduce, duplicate, copy, sell, resell or commercially exploit any portion of the Site, Content, or User Content without express written permission by us.
We reserve the right to refuse Site access to anyone for any reason at any time.
SECTION 4 – PERSONAL INFORMATION
When submitting information to become a member, join our email list, purchase event tickets, or for any other reason, you must provide us with current, complete, and accurate information as requested by the applicable form. It is your responsibility to maintain the currency, completeness, and accuracy of your information, and any loss caused by your failure to do so is your responsibility.
SECTION 5 – MEMBERSHIPS AND REGISTRATION
NYBFI seeks to promote literacy and celebrate reading across all platforms, and we expect you to act in an appropriate manner befitting of this mission. You agree to comply with and adhere to any rules, restrictions, and guidelines provided to you in any registration forms, membership forms, or other documentation provided by NYBFI from time to time. Failure to do so may result in your access and/or membership being suspended or terminated.
Members must be 13 years or older. By registering with us to become a member, you confirm that you are at least 13 years old. Otherwise, please refrain from registering and using the Site.
Once registered, if you access our Site with a username and password (“account credentials”), you must treat such information as confidential, and you must not disclose it to any third party. Your account linked with the email address you provided is personal and not transferable. You agree to immediately notify NYBFI of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We are not responsible for any loss or damage resulting from a breach of your obligation to keep your account credentials confidential.
SECTION 6 – TRANSACTIONS
Donations, membership fees, event fees, and other payments may be processed by us or by our third-party payment processor. When making any payment, you agree to provide current, complete, and accurate billing and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we or our third-party payment processor can complete your transactions and contact you as needed. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION, FOR PURPOSES OF THAT TRANSACTION. By submitting payment information, you grant to us the right to provide such information to third parties for purposes of facilitating particular transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction.
SECTION 7 – THIRD-PARTY LINKS
Certain content, videos, event listings, opportunities, and services available through the Site may include materials or hyperlinks from third parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with NYBFI. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 8 – INDEMNITY
SECTION 9 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 10 – GENERAL TERMS
SECTION 11 – CONTACT INFORMATION
Effective Date: December 15, 2021
Last Updated: December 15, 2021